Kentucky Criminal Defense Attorney

Weapons Offenses


Weapons offenses are generally considered to be quite serious in the state of Kentucky. The reason Kentucky has laws about who can carry a weapon, what kind of weapons can be carried, and how they are to be used is to keep people safe. Weapons in the wrong hands can result in violent crimes occurring. Those who violate these weapons laws find themselves in danger of spending a lot of time in prison and losing the right and privilege of carrying any type of weapon ever again.

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There are many different weapons laws in Kentucky. One of the most common ones that gets broken is carrying a concealed deadly weapon. A person is considered to be guilty of carrying a concealed weapon when he or she carries a concealed firearm or another type of deadly weapon on or about his person. Police officers are allowed to carry a concealed weapon when they are off duty if it is necessary for protection. A person can legally carry a concealed weapon inside the state of Kentucky as long as they have a license and conform to the restrictions and guidelines in the Kentucky penal code KRS 237.110. If you have a firearm inside the glove compartment of your vehicle, is not deemed to be concealed. If you are found carrying a concealed deadly weapon, you will be charged with a Class A misdemeanor unless you have been convicted of a felony that involved possession of a deadly weapon, which then changes the offense to a Class D felony.

It is also illegal in Kentucky to possess a defaced firearm. A defaced firearm is one that has had the serial number removed. It is illegal in Kentucky to own a firearm like this unless a report is made to the police or another appropriate government agency. Possessing a defaced firearm is considered a Class A misdemeanor.

According to Kentucky penal code, it is illegal for a minor to possess any type of handgun. You can be charged with possession of a handgun by a minor if you are under the age of 18 and you possess, manufacture, or transport a handgun. The only exceptions to the law are if the minor is attending a hunter safety course or a gun safety course, practicing with a handgun at a shooting range, or participating in a shooting competition. For a first offense, this crime is a Class A misdemeanor, and for subsequent offenses it becomes a Class D felony.

The penalties are fairly similar between these weapon offenses. A Class A misdemeanor carries a prison sentence of 12 months in a county jail at the maximum. A first time misdemeanor conviction may only result in getting probation depending on the circumstances surrounding the incident and the Judge who is presiding over the case. A Class D felony is the lowest felony you can be charged with. Despite it being the lowest felony you can be convicted of, it still carries a lengthy prison sentence that ranges from 1 year in prison to a maximum of 5 years in prison.

Weapons offenses are heavy charges, and you need the counsel and representation of an attorney who works specifically on weapons offense cases. An attorney’s main job is to ensure none of your rights are violated during the trial and that you are truly considered innocent until proven guilty. A defense attorney might use a strategy that challenges the Constitutionality of any search or seizure that might have resulted in finding a concealed weapon on your person. If there was no legitimate reason to search you or your property, it could result in the case being dismissed.